Intellectual Property / IP

Intellectual property, industrial property

The law firm’s strength and expertise in IP law allows dealing with all aspects of litigation. With a small team, the firm is able to tackle complex and ground-breaking cases. The team has a ‘hands-on‘ and ‘cost-efficient‘ approach and is led by practice head Ákos Süle who is a widely recognized intellectual property litigator in the fields of trademark, design, trade secrets and copyright law. The IP practice handles both contentious and non-contentious work. The firm has a strong presence in the technology, media, and fashion and luxury, life sciences sectors. The intellectual property practice covers the entire range of ‘soft’ and some aspects of ‘hard’ IP law and advises on the IP aspects in M&A transactions. The law firm handles large IP portfolios and can assist in IP due diligence.

Some of our related intellectual property law services


intellectual property legal services
Photo by Roma Kaiuk 

Trademarks

Trademark registrations and litigation are still our number one intellectual property legal service. The commercial value of a trademark can often be even greater than that of a patent.

We can support you in trademark filing, through border measures, brand registry, cease and desist letter, litigation, licensing, oppositions, cancellations, etc. We act as local or EU IP portfolio manager for several clients.

Designs as intellectual property

A design can be defined as a “two-dimensional or three-dimensional appearance of the whole or a part of a product”. It results for example from features such as the lines, contours, colors, form, shape, texture or material of the product.

As intellectual property lawyers we represent design patent in Hungary, German, EU, France and UK.

There is no novelty search for design where we represent them. However, there is a greater risk for a design to be challenged and cancelled.

Copyright

Copyright and database protection enable the creator or right holder to take advantage of their efforts or investment. We help our clients with this. If necessary, we will go to court to protect your interests, but we will also endeavor to get the best result in negotiating exploitation agreements on your behalf.

Patents

Patents play an important role in business as patent owners gain a territorial monopoly right of use for a limited period.

Currently, we do offer patent representation services as follows: patent renewals, patent assignments, due diligence evaluation of IP rights, change of name and change of address services at the patent offices.

Utility models

Utility models are not available in each EU Member State, but they can be registered in Hungary and in Germany.

During the registration procedure of utility models, there is no examination as to novelty, inventive step and industrial application. For this reason, utility model protection can be obtained more easily, faster and at lower cost than patent protection.

They are also a fall-back option if a patent application is problematic.

Trade secret protection & trade secret licensing

They are important intellectual property rights for a daily business and also for technology transfer agreements.

According to the TRIPS Agreement: Natural and legal persons shall have the possibility of preventing information lawfully within their control from being disclosed to, acquired by, or used by others without their consent in a manner contrary to honest commercial practices so long as such information:

(a) is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question;

(b) has commercial value because it is secret; and

(c) has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret

Plant variety protection & geographical indications

These rights are the most important for the agricultural industry

Any private individual, legal entity or company can obtain protection for a geographical indication in Hungary if they produce, process or manufacture a product identified by a geographical indication in the geographical area. Anyone who produces the product in the given region will obtain the right to use the Hungarian geographical indication.

Plant variety protection grants legal protection for improved plant varieties – hybrids, lines, clones etc. The owner of a Hungarian plant variety protection has exclusive rights to utilize the plant variety or to license it.

Intellectual Property – IP – Frequently Asked Questions – FAQ

What is a certification mark?

Certification marks indicate that the goods / services that bear the mark have certain characteristics that have been certified by an independent body. Therefore, only a natural or legal person who is not a manufacturer / dealer of the goods or a supplier of the services may be the owner of the certification mark. The certified product properties, conditions of use of the brand as well as the testing and monitoring measures are specified in the regulations for the use of the certification mark.

How can I protect a logo? Can I also apply for a trademark or a design patent to protect the logo?

A logo can be protected simultaneously as trademark and as a registered design patent. If you have any doubt about what filing strategy is suitable to protect your logo, you should consult an IP lawyer with experience in trademark law and design law.

What is intellectual property?

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
IP is protected as for example, patents, copyright and trademarks, etc.

Will I own the intellectual property that I create?

Not necessarily. The creator of an intellectual property usually owns copyright whereas other rights may need to be registered first. There are also certain exceptions – e.g. if IP is created during the course of a particular commissioned project it usually belongs to the commissioning company.